HAGÅTÑA (The Guam Daily Post) — Guam Del. James Moylan is pushing for certain amendments to be made as Congress works on renewing compacts of free association (COFA) with the freely associated states – the Republic of the Marshall Islands, the Republic of Palau and the Federated States of Micronesia.
These amendments include:
• The continuation of language related to the 2003 agreements, which authorized annual reimbursements for COFA host communities, including Guam.
• The requirement of a memorandum of understanding, which would require a collective effort of local law enforcement entities and federal agencies, such as the Federal Bureau of Prisons, to move COFA migrants convicted of felonies to federal authorities, thus removing them from the expenses and authority of the local government.
• Mandating language in the COFA agreements that any FAS migrant permanently relocating to Guam provide evidence of employment or education.
“While we anticipate much reluctance with our amendments, either from the opposition party in Congress, or with the White House, the reality is that it is imperative that we express the issues with the COFA and its renewals with committee members,” Moylan stated in a news release.
“While Congress believes that the Compact Impact Fairness Act (CIFA) is the solution, and sadly, because Guam had no active participation or awareness in the process last year, the reality is that it does nothing to address the public safety and societal concerns which many in our community have expressed. Our team has and continues to place its foot down on the process until equitable solutions are identified. We refuse to be pushed aside,” Moylan added.
The compacts of free association have long governed the relationship between the U.S. and the freely associated states regarding economic assistance, defense, security, migration and other issues. Under these agreements, FAS citizens have been able to live and work in the U.S.
For each of the last 20 years, Congress provided $30 million in mandatory appropriations to American Samoa, the Commonwealth of the Northern Mariana Islands, Guam and Hawaii to offset the cost of hosting compact migrants. Another $3 million to $6 million in discretionary funds were appropriated each year, beginning in 2012.
That authority expired at the end of fiscal year 2023 – the end of September. Moylan is hoping to extend funding for Guam through an amendment in the federal budget.
The Compact Impact Fairness Act, on the other hand, is bipartisan legislation that would restore various federal benefits for compact migrants residing in the U.S.
Hovering over discussions about compact impacts are current efforts to renew U.S. agreements with the Marshall Islands, FSM and Palau, as part of measures to curb China’s influence in the Pacific.
Compact economic assistance provisions for the Marshall Islands and FSM expired at the end of fiscal 2023. Similar provisions for Palau will expire at the end of fiscal 2024.
Proposed compact amendments, which incorporate language from CIFA, were submitted to Congress in the form of a bill back in June. According to Moylan, the House Natural Resources Committee will resume discussions on COFA renewals this month.
Moylan has a vote in the committee and will continue to vote “no” in the process until Guam’s issues are brought to light and resolutions are addressed, according to the news release from his office.
While Moylan supports the CIFA because it would ease some burdens placed on Guam’s health care system, he said it is not a one-size-fits-all solution.
The delegate wrote to the assistant secretary for Insular Affairs on Nov. 8 regarding resources to assist local law enforcement and judiciary entities.
Moylan emphasized crime statistics related to compact migrants.
“The statistics … clearly show a serious strain on the resources of various subagencies within our local government, and this includes the Guam Police Department, the Guam Department of Corrections, and the Superior Court of Guam. With the COFA agreements set to be renewed for another 20 years, we will continue to experience these unaccounted-for consequences with rising rates of incarceration and arrests, which is why I ask for the Department of Interior to assist in identifying resources to help offset these concerns,” Moylan stated.
“Unless CIFA provides funding for our law enforcement and judiciary entities, we must seek alternate funding options which would assist our agencies in accomplishing their core missions. Just as other jurisdictions throughout the nation are experiencing, we have our share of existing problems with drugs and other illicit activity. However, the COFA agreements expand and further drain our existing departments by including criminal activity being conducted by non-U.S. citizens, entering the island through binding agreements, and as the statistics clearly display, greatly impact our crime and conviction statistics,” Moylan added.
Del. James Moylan speaks at a press briefing at his Hagåtña office Oct. 31, 2023.
